N VINOD PRABLNR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sri Bheema Raju, the learned counsel for the petitioner, contends that when the Magistrate committed illegality in detaining the petitioner in custody beyond sixty days in violation of proviso (a) to sub-section (2) of Section 167 Cr. P.C., the accused, on account of such illegal detention can claim, as of right, the grant of bail even after the chargesheet is filed against the petitioner-accused for an offence under Section 302 I.P.C.

(2.) As against this Contention, the learned Public Prosecutor contends that when once the chargesheet is filed, the Court has to consider whether the circumstances of the case warrant the grant of bail to him and, this question should be considered with references to the provisions of Section 437 Cr. P.C. but not with reference to the violation of the proviso (a) to sub-section (2) of Section 167 Cr. P.C.

(3.) It is now well settled that the detention of an accused beyond the period of sixty days is unlawful in as much as it violates the mandatory provisions of proviso (a) to sub-section (2) of Section 167 Cr. P.C. This legal position does not stand altered even if the investigation in respect of serious and ghastly types of crimes like criminal conspiracy, murders, decoilies and robberies cannot be completed within the period of sixty days. Such a detention is illegal because the Magistrate is not given the power to extend the remand beyond the period of 60 days.